The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-06
THE TOWNSHIP MUST PAY.
Final Decision in Case That Has Gone
TO the Supreme Court Three Times.
The Indianapolis, Decatur Springfield Rail-
road Company Is Given Judgment Against
Center Township for Nearly $4,000.

The old case, involving the sum of $50, 900,
voted by the taxpayers OF Center township in
aid of the Indiana g. Illinois Central railroad in
1871, which has gone through all the processes
of litigation and has been decided in various
ways, has been again passed upon by the
Supreme Court. Sixteen years ago the Indiana
& Illinois Central Railroad Company asked aid
to assist in building railroad from this city to
Springfield, Ill. They agreed to locate their
machine shops in Center township if the people
would vote a tax in the interest of the road.
This was done and tax was assessed amount
ing to about $50, 600 During the term of Smith
King as township trustee the first litigation
was entered into, Mr.. King filing suit against
the County Commissioners for the recovery Of
the money, the railroad company up to that
time having failed to carry out it's agreement.
The suit was decided in favor of the taxpayers
on the ground that both the county and town
ship had forfeited their claims to it An ap-
peal was taken to the Supreme Court
whore it was held that the money belonged
to the township Then an agreement was en-
tered into between the County Commissioners
and Captain Harvey, who, succeeding Mr.. King,
had demanded the money of them, by which he
was to be paid per cent. interest, they. how
aver retaining possession of the principal, the
interest being to pay his salary and office ex
penses. This continued until Mr. Kitzs term of
Office began, when the Commissioners refused to
pay either the interest or the principal.
The Indianapolis, Decatur & Springfield Com
pany having in the meantime been organized as
the successor of the Indiana g. Illinois Central,
lad completed the projected line and claimed
she appropriation for having. IN accordance with
he old companys agreement, built the roads
machine shops in Center township. In suit to
snforce the payment of the money, the l.. D. &
s. obtained Judgment, which was sustained by
The Supreme Court, but subsequently
on plea for rehearing, there was an
arrest OF Judgment, the townships attorney in
the meantime having discovered that the shops
we're really not located in Center township, but
in Wayne just outside the boundary line of the
former. However when Trustee Kitz renewed
the suit against the County Commissioners, the
L, d 81 S. also filed cross-sut for the posses
sion of the money. On change of venue the
ease was taken to Tippecanoe county for trial,
where Judge Vinton decided that the attorneys
Tor Center township did not exercise due dill
gence in showing that the shops were
other appeal to the Supreme Court was
shen taken. and the decision upon this
point, written by Judge Howk, was made
IN the Supreme court yesterday. 1t holds that
there was no error in the Tippecanoe court over
ruling the petition to correct the special finding
Ia regard to the location of the shops, as with
only ordinary effort the true location could have
been discovered at the proper time. The alleged
error of the court in not relieving the township
under equity, Is overruled on the ground that
equity will not relieve party from judgment
when he had valid defense which he failed to
interpose, and that the statutory provisions has
no application in this case The effect of the
decision is to compel the township to pay to the
l., d. 81 s. company the amount sued for. which,
with interest, now reaches about $85, 600.